PART I- PRELIMINARY SECTION
PART II- REGISTRATION OF TRADE UNIONS AND EMPLOYERS' ORGANISATIONS
PART III- STATUS OF REGISTERED ORGANISATIONS
PART IV- SPECIAL REQUIREMENTS PERTAINING TO REGISTERED ORGANISATIONS
PART V- FREEDOM OF ASSOCIATION
PART VI- EXCLUSIVE BARGAINING RIGHTS FOR TRADE UNIONS
PART VII- GENERAL EFFECTS OF CERTIFICATION
PART VIII- DISPUTES PROCEDURES
PART IX- EMPLOYEES' ANCILLARY RIGHTS ETC.
PART X- MISCELLANEOUS
PART I- PRELIMINARY SECTION
1. Short title. This Act may be cited as the LABOUR RELATIONS ACT 1999
"arbitration tribunal" means a person or a body of persons to whom a dispute may be or has been referred for settlement in accordance with section 46;
"bargaining agent" means a registered trade union which has been certified by the Minister to act on behalf of employees;
"bargaining unit" means the class or classes of employees determined by the Labour Commissioner to be an appropriate bargaining unit in accordance with section 35;
"business" includes any trade, undertaking, operation or establishment;
"collective agreement" means a written agreement between an employer; or an employers' organisation authorised by the employer, and a trade union concerning terms and conditions of employment, procedures for the avoidance and settlement of disputes and any other matter of mutual interest;
"dependent contractor" means a person, hereinafter referred to as the employee, whether or not employed under a contract of employment, who performs work or services for another person for compensation or reward on such terms and conditions that the employee is, in relation to that person, in a position of economic dependence on, and under an obligation to perform duties for that person more closely resembling the relationship of employee than that of an independent contractor;
"employee" means a person who has entered into or works under a contract of employment with an employer, whether such contract be expressed or implied, oral or written; the term "employee" may be used interchangeably with the term "worker" and has the same meaning;
"employer" means any person or undertaking, corporation, company public authority or body of persons who or which employs any person to work under a contract of employment or uses the services of a dependent contractor, and includes the heirs, successors and assigns of an employer;
"employers organisation" means any combination established by employers, the principal purposes of which are the representation and promotion of employers' interests and the regulation of relations between employers and employees;
"irregular industrial action" means any concerted course of conduct (other than a strike) whether or not in contemplation or furtherance of a trade dispute which:
"essential services" means the services specified in the Second Schedule;
"Labour Advisory Board" means the Labour Advisory Board appointed by the Minister pursuant to section 17 of the Employment Act, 1999;
"Labour Commissioner" or "Commissioner" means the person for the time being appointed to the office of Labour Commissioner as referred to in section 7 of the Employment Act, 1999;
"lock-out" means closing a place of employment, a suspension of work by an employer or a refusal by an employer to continue to employ or re-engage any number of his employees done to compel his employees, or to aid another employer to compel his employees to agree to terms and conditions of employment;
"managerial employee" means an employee who has and exercises authority in the interest of the employer to employ, transfer, inspect, lay off, recall, promote, dismiss, reward or discipline other employees or to deal with their grievances or effectively to recommend such action when the exercise of such authority is not merely of a routine or clerical nature but requires independent judgment;
"member in good standing" means an employee who:
"Minister" means the Minister for the time being responsible for labour matters;
"organisation" means an association of persons to be registered under this Act as a trade union or employers' organisation, as the case may be;
"prescribed" means prescribed by rules or regulations;
"registered organisation" means a trade union or employees' organisation, as the case requires, registered in accordance with this Act;
"Registrar" means the Registrar of Trade Unions and Employers' Organisations;
"strike" means concerted stoppage of work by a combination of employees in contemplation or furtherance of a trade dispute whether they are parties to the dispute or not or whether the stoppage is or is not in breach of the terms and conditions of employment and whether it is carried out during or on the termination of the employment, but does not include an act or omission required for the safety or health of employees, or a refusal to work under section 65 of this Act;
"trade dispute" means a dispute between:
"trade union" means any combination of persons registered under this Act, the principal purposes of which are the representation and promotion of employees interests and the regulation of relations between employees and employers, and includes a federation of trade unions, but not an organisation or association that is dominated or influenced by an employer or employers' organisation;
3. Non application of Act.
This Act does not apply to members of the police or armed forces, except those employed in a civilian capacity although, as far as it is practicable their conditions of service should not be less favourable.
PART II- REGISTRATION OF TRADE UNIONS AND EMPLOYERS' ORGANISATIONS
4.Registration of organisation.
(1) No organisation or member thereof shall perform any act in furtherance of the purposes for which it has been formed in relation to this Act unless such organisation has first been registered in accordance with this Act.
(2) A member or officer of an organisation who contravenes this section commits an offence and shall be liable, on summary conviction, to a fine not exceeding five thousand dollars.
5. Minimum requirements for registration
(1) Any twenty-five or more persons by subscribing their names to the constitution of an organisation concerned with employees and otherwise complying with this Act with respect to registration, may apply to the Registrar for registration as a trade union under this Act.
(2) Subject to subsection (3), any ten or more members of an organisation concerned with employers by subscribing their names to the constitution of the organisation and otherwise complying with this Act with respect to registration, may apply to the Registrar for registration as an employers' organisation under this Act.
(3) Where any one of the purposes of such trade union or employers' organisation be unlawful such registration shall be void.
6. Appointment of Registrar
(1) The Minister shall appoint a person to be the Registrar of Trade Unions and Employers' Organisations after consultation with the Labour Advisory Board.
(2) For the purposes of this section Labour Advisory Board means the Labour Advisory Board appointed by the Minister pursuant to section 17 of the Employment Act, 1999.
7. Procedure for registration
(1) Where application is made for registration by an organisation, the Registrar shall register such organisation and furnish it with a certificate of registration if the Registrar is satisfied with the following:
(2) An application for registration should be made to the Registrar and three copies of the organisation's constitution shall accompany such application.
(3) Any trade union or employers' organisation which was registered immediately before the commencement of this Act shall continue to be registered under this Act.
8. Right of appeal re non-registration. An appeal shall lie to the High Court if the Registrar fails or refuses to register an organisation, and the decision of the High Court shall be final.
9.Cancellation of registration
(1) The Registrar may cancel the registration of a trade union or employers' organisation:
(2) The Registrar shall, for the purposes of subsection (1) give not less than two months previous notice specifying briefly the grounds of the proposed cancellation, except where the organisation has ceased to exist in which case notice of cancellation may be given forthwith.
(3) An appeal from the decision of the Registrar under this section shall lie to the High Court subject to the same conditions as are provided for an appeal against the refusal of the Registrar to register an organisation, and the High Court may make rules providing for the same matters for which rules may be made in respect of such appeal.
(4) The decision of the High Court shall be final.
PART III- STATUS OF REGISTERED ORGANISATIONS
10. Power of registered organisations to purchase land. A registered organisation may purchase or take upon lease land in the names of the trustees for the time being and may sell, exchange, mortgage any or let such land.
11.Property of registered organisations vested in trustees
(1) All real and personal estate belonging to a registered organisation shall be vested in the trustees for the time being of the organisation for the use and benefit of such organisation and the members thereof and shall be under the control of such trustees, their representative executors or administrators, according to their respective claims and interest.
(2) Upon the death or removal of a trustee, property that was vested in the trustee shall vest in the succeeding trustee for the same estate and interest as the former trustee had therein, and subject to the same trusts, without any conveyance or assignment whatsoever.
(3) In all actions, suits, indictments or summary proceedings touching or concerning property vested in the trustees, such property shall be stated to be the property of the persons for the time being holding the office of trustee, in their proper names, as trustees of the organisation without further description.
12.Actions by or against trustees
(1) The trustees of a registered organisation or any other officer of such organisation who may be authorized so to do by the rules may bring or defend any action, suit, prosecution or complaint in any court concerning the right or claim to property, real or personal, of the organisation, and may sue or be sued in their proper names without other description than the title of their office.
(2) The rights conferred by subsection (1) shall not abate by the death, resignation or removal from office of a trustee or other officer but such rights shall be vested in the successor in office as if such death, resignation or removal had not taken place.
(3) The successor of the trustee or other officer shall in respects be in the same position as if the proceedings had been commenced in his name.
(4) A summons or other process of any court to be issued to a trustee or other officer of an organisation may be served by leaving the same at the registered office of the organisation.
13. Limitation of liability of trustees
A trustee of a registered organisation shall not be liable to make good any deficiency occurring in the funds of such organisation, but shall be liable only for the moneys
which shall be actually received by him on account of the organisation.
14.Immunity of organisations from actions in tort.
(1) An action against an organisation, whether of employees or of employers, or against members or officials thereof on behalf of themselves and all other members of the organisation in respect of any tortious act alleged to have been committed by or on behalf of the organisation shall not be entertained by any court.
(2) Nothing in this section shall affect the liability of an organisation or an official thereof to be sued in any court touching or concerning the property or rights of an organisation, except in respect of a tortious act committed by or on behalf of the organisation in contemplation or in furtherance of a trade dispute.
15.Legality of organisations under criminal or civil law.
(1) The purpose of a registered organisation shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so far as to render any member of such organisation liable to criminal prosecution for conspiracy or otherwise.
(2) The purpose of a registered organisation shall not, by reason merely that they are in restraint of trade, be unlawful so as to render voidable any agreement or trust.
PART IV- SPECIAL REQUIREMENTS PERTAINING TO REGISTERED ORGANISATIONS
16.Constitutions of registered organisations
(1) With respect to the constitution of a registered organisation the following provisions shall have effect:
17.Alteration of constitutions of registered organisations
(1) A registered organisation may in the manner prescribed by its constitution, alter its constitution.
(2) Three copies of every resolution passed by an organisation for the alteration of the constitution of an organisation shall be transmitted to the Registrar by the secretary of the organisation, together with a statement signed by the secretary and by the president or chairperson of the organisation, affirming that the provisions of the constitution regulating the alteration of the constitution have been complied with.
(3) Where in any such resolution any organisation proposes to alter particular provisions of its constitution or to substitute a new constitution for its existing constitution, and the Registrar is satisfied that the proposed alterations or substitutions would not be inconsistent with section 7(1) (b) he shall approve the proposed new constitution or alteration, as the case may be, and shall return one of the copies of the resolution to the secretary of the organisation, with a certificate written thereon and signed by him, stating the approval and the date on which it was given; and as from that date the new constitution or the alteration, as the case may be, shall have effect.
(4) Where the Registrar fails to communicate with the secretary of the organisation within 21 days of receipt of the proposed alterations or substitutions the new constitution or the alterations shall have effect.
(5) Subject to section 7(l)(c), a registered organisation may change the name under which it is registered in the same manner as an alteration of the constitution, and if this section has been complied with, the Registrar shall issue a new certificate and make the necessary alterations in the registers.
18.Compliance with constitutions
(1) Subject to this Act, every officer, member or employee of an organisation shall comply with the constitution of the organisation, and every former officer, member and employee of an organisation who is required to do or refrain from doing anything by such constitution shall comply with such requirement.
(2) A member in good standing of a registered organisation or the Registrar may apply to the High Court for an injunction to prevent the contravention of the constitution of that organization.
(3) An application under subsection (2) must be made ex parte by summons and supported by affidavit.
19. Improper practices in election of officers
(1) No person shall attempt to influence the outcome of an election for any office in an organisation by fraud, threat, bribery or other improper means.
(2) A member in good standing of a registered organisation or the Registrar may apply to the High Court to declare an election void and to determine the date of a fresh election.
(3) An application under subsection (2) must be made by summons supported by affidavit and must be heard inter partes.
(4) A person who contravenes subsection (1) shall be liable on summary conviction to a fine not exceeding $3000.00 or to imprisonment not exceeding one year.
20.Criminal conviction a disqualification for office
(1) A person who was convicted of an offence involving dishonesty and sentenced to imprisonment for one year or more within five years prior to being elected to office in a registered organisation shall be disqualified from holding such office.
(2) A person who, while holding office in an organisation is convicted of an offence involving dishonesty for which a sentence of a kind described in subsection (1) was imposed shall be disqualified from holding that office at the time of conviction.
(3) In this section "dishonesty" includes fraud, embezzlement, larceny, stealing and any like offence.
21.Rendering of account
(1) Subject to this section every treasurer or other officer of a registered organisation shall be at the times prescribed by the rules of the organisation or if requested to do so, render to the members at a meeting of the organisation a true and accurate account of all moneys received and paid by him since he last rendered the like account and of the balance then remaining in his hands and of all bonds and other securities of the organisation.
(2) An account rendered for the purposes of subsection (1) shall be audited by a suitably qualified person appointed by the Registrar on the nomination of the organisation.
(3) A nomination for the purposes of subsection (2) shall be made from a panel of suitably qualified persons chosen by the Registrar.
(4) The cost of an audit shall be borne by the organisation.
22.Handing over of balance due etc.
(1) Where an audit is being rendered under this Act, the treasurer or other officer of the registered organisation shall, if so required, hand over to that organisation the balance which or such audit appeared to be due from him and shall also, if required, hand over to the organisation all securities and effects, books papers and other property of the organisation in his hands or custody.
(2) If the treasurer or other officer of a registered organisation fails to hand over the property of the organisation referred to in subsection (1) any member of the organisation or the Registrar may sue him for or on behalf of any court of competent jurisdiction.
23.Action for recovery of balance due
(1) Where the treasurer or other officer fails to hand over the balance, securities, effects, books papers and other property as required by section 22, any member of the registered organisation or the Registrar may sue the treasurer or other officer in a court of competent jurisdiction to recover same.
(2) In action for the purposes of subsection (1) the plaintiff may recover the full costs of the suit to be taxed as between attorney-at-law and client.
24.Statement of accounts etc. to be submitted to Registrar
(1) The treasurer of every organisation (or such other officer as is designated in that behalf by the constitution of the organisation) shall, on or before the 1st April in every year, cause to be received by the Registrar:
(2) In addition to the statements, certificates and returns required by the provisions of subsection (1), the Registrar may at any time by order in writing require the treasurer or any other officer of an organisation to deliver to him, by a date to be specified in such order, detailed accounts of the revenue, expenditure, assets, liabilities and funds of the organisation in respect of any period specified in such order, and any accounts so rendered shall include such details and information, and be supported by such documents, as the Registrar in any case may require.
(3) The Registrar may, for the purposes of this section, inspect the register of any registered organisation, in order to verify its membership.
(4) Every member of an organisation shall be entitled to receive, on application to the treasurer or secretary of the organisation a copy of all or any of the statements and accounts, and of the audit certificate and returns provided for by this section, without making any payment therefor.
(5) The treasurer shall cause a copy of all such statements, accounts and audit certificates to be posted up in a conspicuous place at each office of the organisation.
(6) Every organisation which, and every officer of an organisation who, contravenes any provision or requirement of subsection (1) or any order of the Registrar under subsection (2), and every treasurer and secretary of an organisation who fails to comply with an application made under subsection (4), commits an offence and shall be liable on summary conviction to a fine of ten thousand dollars or imprisonment for one year.
(7) Upon a conviction for any offence under subsection (6) the magistrate of the district in which the registered office of the organisation is situate may order the offending organisation or any specified officer thereof (whether or not such officer has been convicted) to deliver to the Registrar by a specified date (which shall not be later than fourteen days from the date of the order):
(8) A person who wilfully makes or causes to be made any false entry in, or any omission from any of the statements, accounts, certificates or returns required by this section shall be guilty of an offence and liable, on summary conviction, to a fine of five thousand dollars.
PART V- FREEDOM OF ASSOCIATION
25.Basic employee rights.
(1) Every employee has the right to:
(2) Where any employee is a member of a trade union certified as the bargaining agent such employee shall have the right to:
26.Employee protection re freedom of association
(1) An employer or person acting on an employer's behalf, or a trade union or officer of a trade union, with respect to any employee or any person seeking employment, who:
commits an offence and shall be liable on summary conviction to a fine not exceeding ten thousand dollars or to a term of imprisonment not exceeding one year, or to both such fine and imprisonment.
(2) Nothing in this section shall be interpreted as preventing an employer from dismissing or otherwise disciplining an employee for just cause, in accordance with section 73 of the Employment Act, 1999.
(3) No person shall commit any act which is designed to promote the establishment of an employees' organisation under the domination of an employer or employers' organisation, or to support employees' organisations by financial or other means with the object of placing such organisations under the control of employers' or employers' organisations.
27. Basic employer rights
Every employer has the right to:
28.Protection of organisations
(1) Any person eligible under its constitution for membership of an organisation has the right to membership in that organisation if that person pays any fees that are properly payable to it, and he has a right to remain a member as long as he complies with the constitution of the organisation.
(2) Any person eligible under subsection (1) to join has the right not to join such organisation.
(3) No organisation shall discriminate in its constitution or through its actions against any person on the grounds of race, colour, national extraction, social origin, religion, political opinion, sex, marital status, family responsibilities, age or disability, or impose any condition, restriction or obligation which is oppressive or unjust.
(4) Subsection (3) does not preclude any provision, programme or activity that has as its object the amelioration of conditions of disadvantaged individuals, including those who are disadvantaged because of race, colour, national extraction, social origin, religion, political opinion, sex, marital status, family responsibilities, age or disability.
29. Right to be involved in federation
An organisation may form, participate in, be affiliated to or join a federation of trade unions or employers' organisations.
30. Right to join international workers' and employers' organisations
An organisation or a federation comprised solely of trade unions or employers' organisations may affiliate with and participate in the affairs of international workers' or employers' organisations, may make financial contributions to such and other organisations, and may receive financial or other assistance from them.
31.Remedies re infringement of freedom of association.
(1) Any complaint of infringement of the rights and protection contained in the provisions of this Part may be presented to the High Court.
(2) Where it is alleged that an employee was dismissed contrary to section 26, the burden is on the defendant to prove that the dismissal had no connection to the employee's trade union membership or activities.
(3) Subject to subsection (4), where the Court finds that the complaint is well founded, it shall make such order as it deems necessary to secure compliance with the provisions of this Part, including an order for the reinstatement of an employee if requested and deemed necessary, the restoration to him or her of any benefit or advantage, and an order for the payment of compensation.
(4) Where an employee is dismissed contrary to section 26 reinstatement will be ordered by the Court, along with any other remedy the Court deems appropriate, at the request of the employee, unless reinstatement is not reasonably practicable.
(1) A registered organisation may, in the manner provided for in its constitution and subject to this section, amalgamate with any other registered organisation.
(2) In the event of amalgamation, the newly constituted organisation shall assume all the rights and liabilities of its predecessor organisations unless the Court on good cause shown upon the application of an interested party directs otherwise.
PART VI- EXCLUSIVE BARGAINING RIGHTS FOR TRADE UNIONS
33.Application for certification
(1) A trade union claiming to have as members in good standing a majority of the employees of an employer in a bargaining unit may, subject to the provisions of this Part, make application to the Minister to be certified as the exclusive bargaining agent of the employees in the unit.
(2) All existing trade unions which were certified as bargaining agents immediately before the coming into force of this Act shall be deemed to be certified as exclusive bargaining agents for the employees in the respective bargaining units.
(3) Where no collective agreement is in force and no trade union has been certified under this Part for the bargaining unit, the application may be made at any time.
(4) Where no collective agreement is in force but a bargaining agent has been certified under this Part for the bargaining unit, the application may be made after the expiry of twelve months from the date of certification of the bargaining agent.
(5) Where a collective agreement is in force the application may be made during the last two months of the term of the collective agreement.
34.Particulars for certification
(1) The application referred to in section 33 shall be in writing, and shall include the following:
(2) A copy of the application shall be served on the employer.
35.Appropriateness of the bargaining unit
(1) The Labour Commissioner shall on any application for certification under section 33 first determine where necessary, the bargaining unit considered appropriate in the circumstances and in so doing the Commissioner shall have regard to:
(2) When making a determination under sub-section 1), the Commissioner may include additional employees in or exclude employees from the bargaining unit.
36.Granting or refusing certification
(1) Within fourteen days of the receipt of an application under section 33. the Minister shall either:
(2) After due determination as referred to in subsection 1 (b) the Minister shall within seven days after the poll has been conducted either:
(3) A trade union whose application under this part has been unsuccessful shall not be entitled to make further application to the same employer in respect of the same or substantially the same bargaining unit until the expiration of ninety days.
37. Direct effect of certification
Where a trade union is certified under this Act as the exclusive bargaining agent for the employees in the bargaining unit:
38.Revocation of exclusive bargaining rights
(1) Any time after one year from the certification of a trade union as the exclusive bargaining agent of a bargaining unit, any employee in that bargaining unit may apply to the Minister for the withdrawal of the certification on the basis that the majority of the employees in the bargaining unit no longer wish to have the trade union as their exclusive bargaining agent.
(2) An application under subsection (1) shall be accompanied by evidence that at least sixty percent of the employees in the bargaining unit do not wish to have the trade union as their exclusive bargaining agent.
(3) Within fourteen days of receiving an application under subsection (1) accompanied by sufficient evidence as required by subsection (2), the Minister shall conduct a representation vote of the employees in the bargaining unit by secret ballot.
(4) After a representation vote under subsection (3), the Minister shall refuse the application unless sixty percent of those employees in the bargaining unit vote against having the trade union represent the bargaining unit as the exclusive bargaining agent, in which case the Minister shall cancel the certification of the trade union.
(5) If the certification of a trade union is cancelled under this section, no trade union shall apply for certification as bargaining agent for the employees in the bargaining unit until a period of thirty days has elapsed.
(6) If the application for cancellation of the certification is refused, no one may bring a further application for decertification until a period of twelve months has elapsed.
39.Appeal to High Court of section 36
(1) Where a trade union or an employer is dissatisfied with the conduct of a poll under section 36, the trade union or employer shall, within fourteen days after the issue of the certificate, give notice of appeal to the High Court setting out therein the grounds of the appeal.
(2) The High Court shall hear and determine the matter in summary manner and may affirm or vary the Minister's certificate, or order a count or a re-count, or make any other order it considers appropriate including an order as to costs.
(3) Any action taken or agreement made by or between the bargaining agent certified by the Minister and the employer shall be deemed to be valid up to and including the date of the decision of the High Court on such an appeal.
(4) A decision of the High Court under this section shall be final.
(5) In making a determination under this section, the High Court shall endeavour in its decision to promote over time a system of orderly and effective collective bargaining.
PART VII- GENERAL EFFECTS OF CERTIFICATION
40.Duty of fair representation
(1) Where a trade union has been certified as the exclusive bargaining agent for a bargaining unit, that trade union shall provide full and proper representation of the interests of all employees in the bargaining unit with respect to their rights under the collective agreement.
(2) Any employee in the bargaining unit may apply to the High Court for an order directing the trade union to cease a violation of subsection (1) and to direct that the act or omission be rectified.
41.Duty to negotiate in good faith
(1) Where certification is granted pursuant to section 36, a trade union, employer or employers' organisation shall not fail or refuse to bargain collectively in good faith and to make every reasonable effort to conclude a collective agreement.
(2) Any person affected by a violation of subsection (1) may apply to the High Court and the High Court may make any order it deems necessary to ensure compliance with this section and to rectify the matter.
(3) An employer or any person acting on his behalf who fails or refuses to treat or enter into negotiations with a trade union which has been certified by the Minister, under this Act commits an offence and shall be liable on summary conviction to a fine not exceeding ten thousand dollars or to a term of imprisonment not exceeding two years or both such fine and imprisonment.
42.Access to employer's premises
(1) No employer shall deny to an officer or authorised representative of any trade union certified under section 36 such access to the employer's premises as is reasonable and necessary for the lawful activities of the trade union.
(2) In granting the access required by subsection (1), an employer may impose such restrictions as to time and place which are reasonable and necessary to avoid undue disruption of operations and in the interests of safety; but it shall not be unreasonable for an employer to refuse permission for a trade union to hold meetings of its members on the premises or property of the employer during working hours.
(3) Upon application, the High Court, if it is satisfied that an employer has unreasonably refused or limited any access required by this section, may make an order directing the granting of such access, subject to such restrictions as the Court may deem appropriate.
(4) Any representative appointed or elected to office in a trade union, shall when required by an employer whose premises he wishes to visit, provide proof of his identity and his credentials.
43.Deductions of trade union subscriptions and contributions
(1) An employee who is a member of a trade union which has been certified under section 36, may submit to the employer a written authorisation for the periodic deduction from the employee's wages of union dues or contributions duly payable by him to that trade union.
(2) An employee may revoke his or her authorisation under subsection (1) by giving two month's written notice to the employer and to the trade union concerned and the employer shall thereafter cease to make any deduction.
(3) Where a trade union has been certified as the exclusive bargaining agent for a bargaining unit, all the employees employed in that unit who have not authorised the employer to make periodic deductions as required in subsection (1) shall pay a service contribution to that trade union equal to its regular membership subscription.
(4) An employer shall make the authorised deductions of subscriptions or service contributions and shall within fifteen days of such deduction remit to the trade unions the funds so collected.
(5) The requirements under subsection (4) shall cease if and when the trade union concerned:
(6) This section shall apply notwithstanding any other law which limits deductions by employers or other persons in respect of wages or other remuneration payable to employees.
(7) With each remittance, the employer shall give the trade union:
(8) Upon application by an affected party, the High Court shall make such order as it deems necessary to ensure compliance with this section.
(9) Nothing in this section shall prevent an employer from agreeing, at the request of an employee, to make deductions or subscriptions or fees in respect of a trade union not certified under section 36.
(1) A collective agreement shall:
(2) Nothing in this section shall affect the validity of a collective agreement which is valid and subsisting immediately before the coming into force of this Act and such agreement shall remain in force until it expires or is replaced by another collective agreement.
PART VIII- DISPUTES PROCEDURES
45.Reporting of trade disputes
(1) Subject to subsection (2), a trade dispute as defined by this Act, whether existing or apprehended, may be reported to the Minister by or on behalf of either of the parties to the dispute, or by the Labour Commissioner in his own discretion and the Minister shall thereupon take the matter into his consideration and take such steps as seem to him expedient for promoting settlement of such dispute.
(2) The Labour Commissioner shall not report a trade dispute to the Minister under subsection (1) without the consent of the parties to the dispute; nor shall the Minister refer a trade dispute for settlement to an Arbitration Tribunal under section 46(1) without the consent of all the parties of the dispute; nor shall the Minister settle the terms of reference and the composition of an Arbitration Tribunal in his own discretion under section 46(2) unless in each case respectively the dispute is with respect to an essential service.
46.Power to refer dispute to Arbitration Tribunal
(1) Subject to section 45(2), where a trade dispute exists or is apprehended the Minister may, subject as hereinafter provided, if he thinks fit and whether or not both parties to the dispute consent, refer the matter for settlement to an Arbitration Tribunal constituted of either
(2) Where the parties to a trade dispute consent to the setting up of an Arbitration Tribunal, the terms of reference and the composition of the Tribunal may be settled by the parties, with or without assistance from the Commissioner; but where the parties to a trade dispute in an essential service do not consent to the setting up of an Arbitration Tribunal, or do not agree on the terms of reference or the composition of the Tribunal, then, subject to section 45(2), the terms of reference and the composition of the Tribunal may be settled by the Minister.
(3) For the purposes of paragraph (b) of sub-section (1), the award shall be made by the arbitrator.
(4) For the purposes of paragraph (c) of sub-section (1), where all the members of the Tribunal are unable to agree as to their award, the matter shall be decided by the Chairman as sole arbitrator.
47.Vacancies on Tribunals
(1) Subject to subsection (2), where an Arbitration Tribunal consists of more than one arbitrator and a vacancy occurs in their number the Tribunal may, with the consent of the parties, act notwithstanding such vacancy.
(2) Where a vacancy in a Tribunal occurs regarding an arbitrator appointed by or on behalf of one of the parties, the Minister shall, as far as possible, fill the vacancy on the nomination by or on behalf of the party concerned.
(3) Whenever an Arbitration Tribunal consists of an arbitrator assisted by assessors and a vacancy occurs in the number of assessors the Tribunal may in the discretion of the arbitration either act notwithstanding such vacancy, or consent to another assessor being nominated and appointed to fill such vacancy.
(4) No act, proceeding, or determination of the Tribunal shall be called in question or invalidated by reason of any such vacancy, provided that in the circumstances referred to in subsection (1) the required consent has been first obtained.
48.Right to a fair hearing
(1) Where a trade dispute is referred to an Arbitration Tribunal under section 46, the Tribunal shall afford the parties to the dispute a fair hearing.
(2) When an Arbitration Tribunal is required to give a final and binding award in a dispute, that award shall be final and binding upon both parties to the dispute notwithstanding the fact that one party did not avail itself of the right to be heard afforded by the Tribunal.
49.Award may be final and binding
(1) Where a trade dispute has been referred to an Arbitration Tribunal under section 46, the Minister may stipulate that the award of the Tribunal shall be final and binding whereupon the award shall be final and binding upon both parties to the dispute, employers and employees and such parties, both employers and employees, shall accordingly be obliged to comply fully and faithfully with all the respective terms and conditions of the award as from the date of the publication of the award under section 52, and section 60, shall apply, subject to section 62.
(2) Subject to subsection (2), where there exists in any trade or industry any arrangements for settlement by conciliation or arbitration of disputes in such trade or industry, or any branch thereof, made in pursuance of an agreement between organizations of employers and organizations of employees representative respectively of substantial proportions of the employers and employees engaged in that trade or industry, the Minister shall not, except with the consent of both parties to the dispute, and unless and until there has been a failure to obtain a settlement by means of those arrangements, refer the matter for settlement in accordance with the foregoing provisions of this section.
(3) Where a matter has been referred for settlement in accordance with section 49 (2) and there is a failure to reach a settlement or, in the opinion of the Minister, a settlement is unduly delayed, and where that matter is in an essential service, the Minister may cancel the reference under this subsection and instead refer the matter for settlement under section 46.
(4) Any award made by an Arbitration Tribunal may be given retrospective effect.
50.Dispute in essential service
(1) When a trade dispute has been referred to an Arbitration Tribunal under section 46, and where that dispute arises in an essential service, so long as the matter is before the Tribunal, and until the Tribunal makes its award and the award is published under section 52, no industrial action regarding the dispute before the Tribunal shall be continued or taken or ordered by the employee or employers who are parties to the dispute or by trade unions representing them or by other employee or employers or trade unions in solidarity with or support of the employee or employers who are parties to the dispute; unless no award of the Tribunal is published within sixty days of the matter being reported to the Minister under section 45 or within such extended period being not more than twenty-eight additional days as may be fixed by the Minister if special circumstances so necessitate in a particular manner.
(2) In this section "industrial action" includes a lock-out, a strike and an irregular industrial action.
51. Conflict between award and Act. Where a trade dispute referred to an Arbitration Tribunal involves questions as to wages, or as to hours of work, or otherwise as to the terms or conditions of or affecting employment which are regulated by an Act other than this Act, the Tribunal shall not make any award which is in conflict with that Act.
52. Publication of award. An award of an Arbitration Tribunal shall be submitted to the Minister who shall as soon as possible thereafter cause the same to be published in such manner as he thinks fit.
53.Interpretation of award
(1) If any question arises as to the interpretation of any award of an Arbitration Tribunal, the Minister or any party to the award may apply to the Tribunal for a decision on such question, and the Tribunal shall decide the matter after affording the parties to the trade dispute to which the award relates a reasonable opportunity to be heard by the Tribunal, or without such hearing provided the consent of the parties has first been obtained.
(2) The decision of the Tribunal shall be notified to the parties having the same effect as if it were contained in the original award being as final and binding as the original award where appropriate.
54. Inquiry into trade disputes and industrial relations
(1) Where a trade dispute exists or is apprehended the Minister may, whether or not the dispute is reported to him under this Act, inquire into the causes and circumstances of the dispute and, if he thinks fit, refer any matters appearing to him to be connected with or relevant to the dispute to a Board of Inquiry (hereinafter referred to as the Board) appointed by him for the purpose of such reference, and the Board shall inquire into the matters referred to it and report thereon to the Minister.
(2) The Minister may also refer any matter connected with the economic or industrial conditions in Grenada to the Board for inquiry and report.
(3) The Board shall consist of a chairman and such other persons as the Minister thinks fit to appoint or may, if the Minister thinks fit, consist of one person appointed by the Minister.
55.Reports of the Board etc
(1) A Board of Inquiry may, if it thinks fit, make interim reports and all such reports, including a minority report, shall be submitted to the Minister.
(2) Subject to subsection (2), the Minister may cause to be published from time to time, in such manner as he thinks fit, any information obtained or conclusion arrived at by the Board as the result or in the course of inquiry:
(3) There shall not be included in a report or publication made or authorized by the Board or the Minister any information obtained by the Board in the course of the inquiry as to any trade union or as to any individual business (whether carried on by a person, firm or company) which is not available otherwise than through evidence given at the inquiry, except with the consent of the secretary of the trade union or of the person, firm or company in question, nor shall an individual member of the Board or any person concerned in the inquiry, without such consent, disclose any such information.
(1) For the purpose of dealing with any matter referred to it, an Arbitration Tribunal or a Board of Inquiry, as the case may be, shall have full power by order to require any person to furnish, in writing or otherwise, such particulars in relation to such matter as the Tribunal or the Board may require, and where necessary to attend before the Tribunal or the Board and give evidence on oath or otherwise, and to require the production of documents so as to elicit all such information as in the circumstances may be considered necessary, without being bound by the rules of evidence in civil or criminal proceedings.
(2) If any witness objects to answer any question or to produce any document on the ground that it will tend to incriminate him or on any other lawful ground, he shall not be required to answer such questions or to produce such document, nor shall he be liable to any penalties for refusing to do so.
(3) Subject to subsection (4), a person who:
(4) A person shall not be punished for refusing to answer any question or to produce any document which he could not be required to answer or produce in proceedings before a court of law in Grenada, or for failing or refusing to answer any question or produce any document which is not relevant to the matter in issue.
(5) For the removal of doubt it is declared that the powers conferred on an Arbitration Tribunal by this section may be exercised either on its own volition or on the application of a party.
(1) Subject to subsection (2), it shall be in the discretion of an Arbitration Tribunal or a Board of Inquiry, as the case may be, to permit an interested person to appear by an attorney-at-law or solicitor in any proceedings or inquiry under this Act before such Tribunal or Board.
(2) Where, in setting up an Arbitration Tribunal to settle a trade dispute, the Minister stipulates that the award of the Tribunal shall be final and binding under section 49 (1), the Tribunal shall permit a party to the dispute to appear by attorney-at-law in proceedings before the Tribunal if such party requests such permission from the Tribunal.
58.Sittings may be public or private
(1) An Arbitration Tribunal or a Board of Inquiry, as the case may be, may admit or exclude the public or the press from any of its sittings.
(2) Whenever the press shall have been allowed to be present at a sitting of the Tribunal or of the Board, and not otherwise, a fair and accurate report or summary of the proceedings including the evidence adduced at that sitting may be published.
(3) Unless the award or the result of the inquiry has been published by order of the Minister no comment shall be published in respect of the proceedings or the evidence.
(4) A person who contravenes subsection (3) commits an offence and shall be liable, on summary conviction, to a fine not exceeding five thousand dollars.
(1) The Minister may pay to an arbitrator or assessor or to a member of a Board of Inquiry appointed under this Act such remuneration as the Minister shall think fit.
(2) The Minister may appoint at such remuneration and on such terms and conditions as he may determine, such officers and employees as may be necessary for carrying out the purposes of this Act.
(3) Expenses incurred in carrying this Act into operation and approved of by the Minister shall be charged upon the Consolidated Fund on the warrant of the Minister.
(4) The parties involved in a trade dispute may agree to meet the expenses of an Arbitration Tribunal.
60.Enforcement of award
(1) Where in relation to a trade dispute an Arbitration Tribunal makes an award that is final and binding under section 49(1), and that award contains terms and conditions in favour of the relevant employees including a term requiring that an increase in remuneration be paid to the relevant employees, if the employer does not comply with any such term, or condition, any of the employees may enforce such term relating to increased remuneration in the courts by a civil suit for money due and owing and may enforce the other terms and conditions by a civil suit in the High Court.
(2) If an employer dismisses an employee in consequence of an award made by an Arbitration Tribunal when such dismissal is not in accordance with such award, or if an employer dismisses an employee because the employee has taken action under subsection (1) to enforce an award made by an Arbitration Tribunal under section 49(1) subsection (4), or if an employer dismisses an employee in violation of section 26 of this Act, the dismissal shall be unfair, and the employee or former employee may bring a civil suit in the High Court against the employer or former employer in respect of such unfair dismissal.
(3) On such an action, if satisfied that the employee or former employee has proved his case, the High Court may, at the election of the employee or former employee:
(4) Where in relation to a trade dispute an Arbitration Tribunal makes an award that is final and binding by virtue of section 49(1), if any employee involved in the dispute does not abide by the award the employer may bring a civil suit in the High Court against the employee for damages for breach of any obligation imposed in favour of the employer; and
(5) Where an employer terminates an employee's employment for not abiding by an award without the employer complying with subsection (4), such dismissal shall be unfair, and the employee or former employee may bring a civil suit in the High Court against the employer or former employer in respect of such dismissal; whereupon if the High Court is satisfied that the employee or former employee did abide by the award, it may, at the election of the employee or former employee:
(6) Where in relation to a trade dispute an Arbitration Tribunal makes an award that is final and binding under section 49 subsection (1), if any party to the dispute does not abide by the award, the other party in whose favour the award is made may bring a civil suit in the courts against the offending party for damages for breach of any obligation imposed by the award on the offending party in favour of the party bringing the suit.
61.Right of appeal of section 60
(1) Where an employer or employee is dissatisfied with a decision of the High Court under section 60(2) or (5), an appeal lies to the Court of Appeal.
(2) Where a civil suit is brought under section 60(1) or (6) in a court subordinate to the High Court, an appeal lies to the Court of Appeal.
(3) Where a civil suit is brought under section 60(1) or (6) in the High Court, an appeal lies from the decision of the High Court to the Court of Appeal.
(4) Where a civil suit is brought to the courts or to the High Court, or reaches the Court of Appeal, under any of the provisions of this section for the purpose of raising matters which under this section may be litigated regarding an award made by an Arbitration Tribunal, the courts or the High Court or the Court of Appeal, as the case may be, shall not have jurisdiction to consider the merits of the award made by the Tribunal but instead shall concern themselves only with matters of law.
(5) Without prejudice to section 60, where an award is final and binding by reason of section 49 the terms of the award shall, as from the date of me publication of the award under section 52, or as from such date as may be specified therein pursuant to section 64, be deemed to be implied terms of the contract between the employers and the employees to whom such award relates, until the same are varied by a subsequent binding award or by agreement between the parties, and being implied terms of the contract, the terms of the award may be enforced by a civil suit in the appropriate order.
62.Right of appeal on questions of law
(1) When a trade dispute has been referred to an Arbitration Tribunal under section 49 and the Tribunal makes an award in settlement of the dispute, any party to the dispute may appeal to the High Court against the award on any question of law, but no appeal shall lie against the award on any question of fact.
(2) When an appeal has been made under subsection (1) to the High Court from an Arbitration Tribunal, a further appeal lies to the Court of Appeal from the decision of the High Court on a question of law raised before the High Court, but no appeal shall lie to the Court of Appeal on any question of fact.
63.Limitation on rights of appeal
(1) Unless a period is expressly specified, the notice of appeal from an award or decision of an Arbitration Tribunal or the High Court as the case may be, to the Court of Appeal must be filed within four weeks from the date of the publication or delivery of the award or decision, as the case requires.
(2) A notice of appeal must specify the grounds of appeal.
(3) Where the award of an Arbitration Tribunal is appealed under section 62, the award of the Tribunal shall be stayed.
PART IX- EMPLOYEES' ANCILLARY RIGHTS ETC.
64. Peaceful picketing and prevention of intimidation
Notwithstanding anything contained in this Act or any other law to the contrary, one or more persons acting on their own behalf or on behalf of a trade union or of an individual employer or firm in contemplation or furtherance of a trade dispute, may attend at or near a place where a person works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information or of peacefully persuading any person to work or abstain from working.
65. Refusal to do strikers' work
An employee or a number of employees in concert may refuse to do any work normally done by an employee or employees who are on strike in conformity with this Act, unless such work must be done to prevent an actual danger to life, health or personal safety.
66.Right to return to work after strike action
(1) If an employee, who has participated in a strike in conformity with this Act or who has been locked out by his or her employer, presents himself or herself for work not more than two working days after the end of the strike or lock out, the employer shall, within a reasonable period, reinstate such employee in the employment which he or she held immediately prior to the strike or lock-out, unless material changes to the employer's operations have resulted in the abolition of such employment.
(2) Nothing contained in this section shall absolve an employer from ensuring that any termination of employment satisfies the requirement of Part IX of the Employment Act 1999.
67.Negation of conspiracy of trade disputes
(1) An agreement or combination of two or more persons to do or procure to be done any act in contemplation or furtherance or a trade dispute shall not be triable as a conspiracy if such act committed by one person would not be punishable as a crime.
(2) An act done in pursuance of an agreement or combination by two or more persons, if done in contemplation or furtherance of a trade dispute, shall not be actionable unless the act, if done without any such agreement or combination, would be actionable.
(3) Nothing in this section shall exempt from punishment any person guilty of a conspiracy for which a punishment is awarded by any written law.
(4) Nothing in this section shall affect the law relating to riot, unlawful assembly, breach of the peace or sedition or any offence against the State or the Sovereign.
(5) A crime for the purposes of this section means an offence for the commission of which the offender is liable to imprisonment either absolutely or at the discretion of the court as an alternative for some other punishment.
(6) Where a person is convicted of any such agreement or combination as aforesaid to do or procure to be done an act which is punishable on summary conviction, and is sentenced to imprisonment, the imprisonment shall not exceed three months, or such longer time (if any) as may have been prescribed by the law for the punishment of the said act when committed by one person.
68. Negation of liability re interfering with another's business
An act done by a person in contemplation or furtherance of a trade dispute shall not be actionable on the ground only that it induces some other person to break a contract of employment or that it is an interference with the trade, business, or employment of some other person, or with the right of some other to dispose of his capital or his labour as he wills.
69. Intimidation and annoyance
Every person who, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority
PART X- MISCELLANEOUS
70. General penalty. A person who contravenes any express prohibition contained in this Act for which no penalty is prescribed shall be liable on summary conviction to a fine not exceeding five thousand dollars or to a term of imprisonment not exceeding six months.
71. Rules and regulations
(1) The Minister may make rules and regulations generally respecting registration under this Act, but without prejudice to the generality of the foregoing, with respect to
(2) A penalty not exceeding five thousand dollars or to a term of imprisonment not exceeding six months may be attached to rules or regulations made pursuant to subsection (1).
(3) The Minister may, after consultation with the Attorney-General, make rules regulating the procedure to be followed by an Arbitration Tribunal or a Board of Inquiry; and where any procedural matter arises in the course of an arbitration or inquiry in respect of which rules have not been made, the Tribunal or Board, as the case may be, shall regulate its own procedure in regard to the matter.
(4) Where the Minister and the Attorney-General are one and the same person, the requirement for consultation in subsection (3) shall be of no effect.
72. Repeal. The following Acts are hereby repealed:
73. Commencement. This Act shall come into operation on such date as the Governor-General appoints by proclamation.
FIRST SCHEDULE- MATTERS THAT MUST BE PROVIDED FOR IN ORGANISATIONS' CONSTITUTION
1. The name of the organisation
2. The whole of the objects for which the organisation is to be established, the purposes for which the funds thereof shall be applicable, and the conditions under which any member may become entitled to any benefit assured thereby and the fines and forfeitures to be imposed on any member of the organisation. Where the objects for which the organisation; is to be established include political objects, the portion of each member's subscription which is to be used for these objects and the methods used for providing for a member's exemption if he elects not to contribute to the political fund.
3. The manner of making, altering, amending and rescinding the constitution.
4. A provision for the appointment and removal of a general committee of management, of a treasurer and other officers.
5. A provision for the keeping of full and accurate accounts biennially by the treasurer, including a separate account for the political fund where applicable.
6. A provision for the investment of the funds or their deposits in a bank and for an annual or periodical audit of accounts.
7. The inspection of the books and names of members of the organisation by every person having an interest in the funds of the organisation.
8. The manner of dissolving the organisation.
9. A provision for members to elect delegates to or allow for rank and file participation at an annual or biennial conference of the organisation.
10. Provision for the taking of all decisions in respect of the election of officers, the amendment of rules, strikes, lock-outs and dissolution by secret ballot.
SECOND SCHEDULE- ESSENTIAL SERVICES
3. Public Health protection services including sanitation
4. Hospital and Nursing
6. Sea Port and Dock Services including Pilotage
8. Air Traffic Control
9. Telephone, telegraph and overseas telecommunication